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(영문) 의정부지방법원 2013.11.28 2013고단3450
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On October 8, 2013, at around 20:47, the Defendant driven CFex vehicle in the state of alcohol 0.126 percent of blood alcohol concentration from around 2 kilometers of approximately 304 kilometers to the road of Cheongyang-si 304, Cheongyang-si, Cheongyang-si, to the road of about 95-3, Dominology.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, and the results of drinking control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act that selects the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. In light of the fact that the defendant was punished five times by a fine due to drinking or unlicensed driving under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the Act on Probation, etc., and the defendant committed the crime of drinking driving in this case at the same time, it is highly doubtful whether the defendant has shown good mind and is likely to have any effect on the defendant’s prior to the suspended sentence.

Nevertheless, in order to give the defendant an opportunity for the last opening in consideration of the fact that the defendant is expected not to repeat again, the crime of last drinking driving is about 2007, and the last drinking is about 2007, it is necessary to provide him with an opportunity for the defendant to repent again, by providing him with an opportunity for opening and preventing recidivism.

The suspension of execution shall be ordered on the condition of community service and education.

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